Planning board in ‘uncharted territory’ with possible rescissions

Twenty abutters heard discussion between developers and members of the planning board last Tuesday, to consider rescinding two developments first proposed in 1969 and 1979.

Brintnal Estates’ definitive plan was submitted to the planning board in March 1979. A public hearing was held nine years later, and the board approved the plan, proposed by C.B. Blair Builders, in April 1989.

In October that year, the conservation commission asked Blair for alternative plans with limited impact on wetlands. That’s where the paper trail stops.

Now the planning board is holding public hearings for the possible rescissions of Brintnal Estates and parts of West Boylstonbased developer Martin Israel’s Sunnyhill subdivision, approved in 1969.

Planning board chair Tom Dufault cited changes in zoning and subdivision regulations since the definitive plans were approved. “We have concerns as a board as to the feasibility of construction of roadways,” he said, adding that the hearings allow the board to get input from developers and discuss alternatives to rescission, such as allowing modifications of the original plans.

“We’re in uncharted territory,” Dufault said. “Rescission is not something that’s done often. The laws to rescind are pretty cut and dry, and abutters’ input is going to be minimal to our decision unless they are experts in a certain area. We can’t rescind simply because it’s old and we don’t like it anymore.”

Planning board member Tim Fitzgerald pointed out many small changes that have taken place in the areas in question. “Something as simple as the beaver dams that have popped up, and the wetlands,” he said. “To take something that’s 16 years old and build on it based on regulations that are 20 or 30 years old, whenever you decide you want to build on it, isn’t something I agree with. You can’t sit on it as long as you want and then build it to old standards. You have to meet whatever is the standard of the day.”

“The board has the power at the time of approval to limit the length of time the subdivision would take to be built, but the board didn’t do that,” said Attorney George Kiritsy, representing Blair. “It may not be buildable, but it’s not rescindable.”

But Town Counsel Paul Cranston argued for “reasonableness standards.”

“The planning board has the duty to protect the citizens, and if there’s a situation they think they need to address that’s unreasonable, then it’s OK for them to have this hearing,” he said.

“I don’t know if it’s buildable; I haven’t asked for my permits yet,” said Clealand Blair Jr. “What is it that you guys want? Let’s come together and make a deal and make everybody happy.”

Blair gave abutters a preview of his new Brintnal Estates proposal, an open space plan with 33 lots, up from the original 23 lots. “This creates 35.5 acres of open space, and crossings can be done without touching the wetlands,” he said. “Rescission at this point is too quick. We’re trying to get this thing done and do it right.” Sunnyhill

The board then turned to the Sunnyhill subdivision, including Sunrise Circle, Edith Lane, Karen Way and Cheryl Ann Drive. About 16 of the original 50 or so lots never were built. The last house built in the area was completed in 1978, abutters said.

Israel said he wants to build housing for seniors in Sunrise Circle.

“I would like to see some sort of conceptual plan sooner than five or sixth months from now,” Dufault said. “The time to do something is now. We need to get this housekeeping issue wrapped up. These lots exist on paper, but they don’t have roads in front of them. Let’s just get this cleared up to avoid any future issues.”

Cheryl Ann Drive resident Michael McCarthy said that when he bought his house in 1995, he was told there would never be construction nearby. Dufault said the Wetlands Protection Act, adopted in 1992, could very well prohibit new construction in the area.

Several abutters questioned whether Israel’s plans for senior housing would meet the town’s regulations. Former planning board member Michael Sullivan said the board should encourage Israel to present an alternative plan at the same time he presents the senior housing plan because of the strong possibility the senior housing plan would not be approved.

“Senior housing has to be off of a major roadway,” said planning board member Norman Anderson. “I don’t think we can call Prescott Street a major roadway, as it was intended.”

The public hearing for Brintnal was continued until February 14, and the hearing for Sunnyhill was continued until February 28. Nates Way

In another public hearing, Jay Finlay of Finlay Engineering Services discussed the Nates Way subdivision, currently under planning board consideration.

Proposed by Lussier Enterprises, the subdivision would be 1,000 feet south of Thurston Hill Road on the west side of Campbell St., across from the industrial commercial tower entrance. A 535-foot culde sac would serve three lots on 11 acres with private water supply.

Finlay addressed the concerns of abutter Shirley Warren, who wrote to the planning board about the effects drainage might have on her property during and after construction.